Bird-eye view of a freeway in constructions alongside a housing district

Federal Takings Law: Balancing Private Property Rights with the Public Interest

This course explores how the U.S. Constitution and federal takings law shape local planning, helping planners understand property rights, recognize legal risks, and advance the public interest within constitutional limits.

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Course Info

  • Duration 6 video lessons (55 Mins)
  • Published Published
    2026
  • Trending Trending
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Browse Course Chapters

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    1.
    Introduction
    Chapter Duration 4 mins
  • Chapter Locked
    2.
    U.S. Constitution and Federal Takings Law
    Chapter Duration 12 mins
  • Chapter Locked
    3.
    The Legal Basis for Land Use Law Rooted in the U.S. Constitution
    Chapter Duration 7 mins
  • Chapter Locked
    4.
    The 5th Amendment and the Takings Clause
    Chapter Duration 6 mins
  • Chapter Locked
    5.
    Foundational U.S. Supreme Court Takings Cases
    Chapter Duration 20 mins
  • Chapter Locked
    6.
    Recap of Categorical Federal Takings Cases and Balancing Test
    Chapter Duration 5 mins

What You Will Learn

Learn about the U.S. Constitution and the law on federal takings. 

Learn how the U.S. Constitution impacts local government planning. 

Learn the importance of private property rights and implications resulting from court-decided violations of federal takings law. 

Learn about the constitutional guardrails for planners. 

Learn how to identify planning issues that should be taken into consideration to ensure they do not violate the law. 

Learn how to protect and advance the public interest in full compliance with federal takings law.

Course Description

It is foundational to urban planning that planners seek to protect and advance the public interest. Most planners are dedicated to building a better community that enhances the public interest; it is in their DNA. However, the Fifth Amendment to the U.S. Constitution and related takings law protect property rights, preventing planners from going too far in these efforts. This course is beneficial to both government planners who must follow federal takings law to avoid lawsuits against the local government and to private sector planners who must know when government planners may have gone too far and violated federal takings law. This course provides the foundation for Course 102 and Course 103 to follow.

Learn these skills

  • Land Use
  • Law and Policy
  • Zoning Codes

AICP CM

This course is approved for 1 AICP CM credit, Including 1 Law Credit.

AIA CES

This course is approved for 1 LU.

Meet Your Instructor

Peter Henn

Peter Henn

PETER J. HENN, Esq., AICP, is a land use attorney at Jones Foster in West Palm Beach where he represents property owners with obtaining government approvals and represents local governments with preparing and amending land use and zoning regulations.

Meet Instructor

Course Reviews

4.67
Francis Loetterle

Francis Loetterle

Extremely Satisfied
Nathan Attard

Nathan Attard

Extremely Satisfied
Sarah Franklin

Sarah Franklin

Extremely Satisfied
This was a really clear and detailed course that improved my overall understanding of these cases.
Sean Hoelscher 1

Sean Hoelscher 1

Extremely Satisfied

Course Reviews

68%
31%
1%
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Francis Loetterle

Francis Loetterle

Extremely Satisfied
Nathan Attard

Nathan Attard

Extremely Satisfied
Sarah Franklin

Sarah Franklin

Extremely Satisfied
This was a really clear and detailed course that improved my overall understanding of these cases.
Sean Hoelscher 1

Sean Hoelscher 1

Extremely Satisfied
William

William

Extremely Satisfied
Carlos Maldonado

Carlos Maldonado

Extremely Satisfied
Lauren DeVore

Lauren DeVore

Extremely Satisfied
juliastanat

juliastanat

Extremely Satisfied

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